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Poster: k-otic Date: Apr 8, 2009 10:32am
Forum: feature_films Subject: Well it´s me again ...Video Cellar ... are those safe??

I still wonder, are those movies you have marked, on your last check, as PD in UK at GATT Date. Not eligible for GATT good to upload or better not?
I don´t like to use "loopholes" i just like to provide the internet archive with real pd material

+++++ BUMP +++++



This post was modified by k-otic on 2009-04-08 17:32:22

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Poster: k-otic Date: Apr 8, 2009 10:32am
Forum: feature_films Subject: Re: Well it´s me again ...Video Cellar ... are those safe??

Thanks again for explaining those rather crazy copyright laws .. i always thought once a work becomes public domain in the country of its origine .. it becomes public domain world wide

anyway .. it gives me enough titles to upload over the next few month

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Poster: Video-Cellar Date: Apr 9, 2009 7:58am
Forum: feature_films Subject: Re: Well it´s me again ...Video Cellar ... are those safe??

It was usually the case that if the works are PD in thier home country they were universally PD.

An example of how URAA has been used to protect a work beyond its copyright expiry in country of origin is the US courts affirmation of the continued rights under URAA in the stories that make up the "Casebook of Sherlock Holmes" even though all of A Conan Doyle's work has been PD in the UK since the end of 2000.
http://www.sherlockian.net/acd/copyright.html

This post was modified by Video-Cellar on 2009-04-09 14:58:36

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Poster: Video-Cellar Date: Apr 8, 2009 5:10am
Forum: feature_films Subject: Re: Well it´s me again ...Video Cellar ... are those save??

From a legal point of view those films (the ones 1944 and before) are still Public Domain in the US. They had entered the UK public domain on Jan 1 1995 or before and where, thus, PD in their home country when GATT restorations occured on 1 Jan 1996. So they are safe to upload.

The other films (that were marked PD because of transitional provisions of UK copyright law) may be disputed by former rights/catalogue owners. So while perfectly legal, they may later get taken down.

Basically the way UK law works is that films made before the 1956 Act are protected under the terms of the 1911 Copyright Act and 1934 film registration laws, and movies made between 1957 and 1988 are protected by the 1956 Act. Films made after 1988 are protected by the current law. With the GATT/URAA law in the US, full US copyright term was given to foreign works regardless of their adherence to US conventions. It could be argued that, where a foreign work has entered PD in it's home country, the rule of the shorter term does not apply to foreign works in the US that were not already PD in their home country before GATT/URAA. In other words, URAA protects restored and copyrighted foreign films for the full US term regardless of their home country status. It is another grey area within all the conflicting pieces of US copyright legislation.